Jitendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16420 of 2021 Arising Out of PS. Case No.-293 Year-2019 Thana- BISFI District- Madhubani ====================================================== JITENDRA YADAV S/O RAJ KISHORE YADAV R/o village- Manoharpur, P.S.- Harlakhi, District- Madhubani ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Adv For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-09-2021 In view of sudden resurgence of COVID - 19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode.
Heard learned counsel for the petitioner and learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Bisfi P.S. Case No. 293 of 2019 registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Patna High Court CR. MISC. No.16420 of 2021(2) dt.24-09-2021 2/3 Since 13.12.2020 the petitioner is stated to be in custody for alleged recovery of 292 litres illicit liquor. The learned counsel for the petitioner submits that the petitioner never indulged in trade of illicit liquor. No incriminating article has been recovered from his possession or the premises owned by the petitioner. It is a case of false implication. Recovery is not in accordance with law and the petitioner has no criminal antecedent. It is further stated that similarly situated co-accused has already been granted bail in Cr. Misc. No. 77326/2019.
Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in Bisfi P.S. Case No. 293 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of
Patna High Court CR. MISC. No.16420 of 2021(2) dt.24-09-2021 3/3 the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) SUMIT/- U